SUPREME COURT OF INDIA

Before:- R.C. Lahoti, C.J., Dr. Ar. Lakshmanan and G.P. Mathur, JJ.

Civil Appeal No. 677 of 2005, Arising out of SLP (C) No. 24767 of 2002. D/d. 20.1.2005.

Sunil Angadsingh Bundel - Appellant

Versus

State of Maharashtra and another - Respondents

Eduction and Universities - Admission - Reservation of seats - Executive Magistrate issued a caste certificate to the appellant - The appellant belonged to the Rajput Bhamta caste/tribe which is recognised as a Vimukta Jati/Nomadic Tribe/Other Back ward Class - Based on the certificate the appellant was allowed admission Medical College - He completed two years' course of study and was preparing for the final examination the Caste Scrutiny Committee had directed the appellant's certificate to be cancelled - Held and directed that the cancellation of the caste certificate and the impugned judgment of the High Court shall not preclude the appellant from completing the MBBS course of study - After doing MBBS the appellant shall not be entitled to any benefit based on the caste certificate - This factum shall be endorsed on the degree to be issued to the appellant on completion of the MBBS course.

[Paras 2 and 4]

Cases Referred :-

Malharrao Kashinath Jadhav v. State of Maharashtra, SLP (C) No. 7344 of 1991 D/d. 8.5.1991.

ORDER

R.C. Lahoti, C.J. - Leave granted.

2. The Executive Magistrate, Basmathnagar issued a caste certificate to the appellant certifying that the appellant belonged to the Rajput Bhamta caste/tribe which is recognised as a Vimukta Jati/Nomadic Tribe/Other Backward Class under Government Resolution No. CBC 1634/Cons 592/1999/BCW-5 Bombay 400 032 dated 19-2-1986, as amended from time to time. Based on the certificate, the appellant was allowed admission in Mahatma Gandhi Mission Medical College at Aurangabad. He has completed two years' course of study and is preparing for the final examination which is about to be held. On 20-1-2001, the Caste Scrutiny Committee, Aurangabad, had directed the appellant's certificate to be cancelled. Feeling aggrieved by the decision of the Caste Committee, the appellant filed a writ petition in the High Court which was directed to be dismissed. Hence, this appeal by special leave.

3. The learned counsel for the appellant has submitted, consistently with the plea raised in the petition for special leave, that the limited relief sought for by the appellant was that he may be permitted to complete the MBBS course and the appellant undertakes that he shall not claim any benefit in future on the basis of the caste certificate. Our attention is invited to order dated 8-5-1991 passed in Malharrao Kashinath Jadhav v. State of Maharashtra, SLP (C) No. 7344 of 1991 dated 8-5-1991.

4. After hearing the learned counsel for the parties, we direct the appeal to be dismissed as we find no infirmity in the judgment of the High Court. However, consistently with the view taken by this Court in the order dated 8-5-19911, referred to hereinabove, it is directed that the cancellation of the caste certificate and the impugned judgment of the High Court shall not preclude the appellant from completing the MBBS course of study. After doing MBBS the appellant shall not be entitled to any benefit based on the caste certificate. This factum shall be endorsed on the degree to be issued to the appellant on completion of the MBBS course.

5. Subject to the abovesaid relief allowed to the appellant, the appeal is dismissed and the impugned judgment of the High Court is maintained.

Appeal partly allowed.